Key takeaways:
- After a car accident in Florida, your first source of coverage is your own Personal Injury Protection (PIP) insurance, but it has limits and strict deadlines for use.
- Florida's law changed in 2023. Now, if you are found to be more than 50% responsible for the accident, you are barred from recovering any money from the other driver.
- The state gives you a strict two-year deadline, known as the statute of limitations, to file a lawsuit for a personal injury claim. If you miss this window, you lose your rights.
The process of filing a car accident claim in Boynton Beach begins now, and the actions you take from your own home will set the foundation for your physical and financial recovery.
Whether your collision happened at a busy intersection like I-95 and Boynton Beach Boulevard or on a quiet neighborhood street, the path forward requires clear information and deliberate steps.
What to Do from Home for Your Claim
You have already dealt with the immediate aftermath at the scene and perhaps a visit to Bethesda Hospital or another local medical facility. Now, the focus shifts to protecting your rights and building a record of what happened.
Every document and detail matters.
- Gather your documents: Create a dedicated folder for everything related to the accident. This includes the driver exchange information from the scene, the police report number, any photos you took of the vehicles or your injuries, and all paperwork from your hospital or doctor visits.
- Start a recovery journal: This is a private log for your eyes only. Each day, write down a few notes about your physical condition. What hurts? What daily activities are difficult or impossible? Note your emotional state as well. This detailed record becomes a powerful tool for showing the real-life impact of your injuries.
- Continue photographing your injuries: Bruises, cuts, and swelling change over time. Take pictures of your injuries every few days with your phone to create a visual timeline of your healing process. These photos can demonstrate the severity of the harm you suffered far better than words alone.
- Stay off social media: Insurance adjusters for the other driver will look for any reason to deny or reduce your claim. Do not post photos, status updates, or comments about the accident, your injuries, or your activities. A picture of you smiling at a family dinner could be twisted to suggest you are not as injured as you claim.
- Report the accident to your own insurer: In Florida, your first call is to your own insurance company to open a PIP claim. This is a requirement under the state's no-fault system.
How Florida’s No-Fault System Affects Filing a Car Accident Claim
Florida is a "no-fault" state, meaning you must first turn to your auto insurance policy for initial injury benefits, regardless of who caused the crash.
This coverage is called Personal Injury Protection, or PIP.
- The 14-day rule: You must seek initial medical treatment within 14 days of the car accident. If you fail to see a doctor, clinic, or hospital within this two-week period, your PIP provider can deny all of your injury benefits.
- PIP coverage limits: Your PIP policy will cover a portion of your initial expenses. It typically pays for 80% of your "reasonable and necessary" medical bills and 60% of your lost wages.
- The $10,000 cap: Standard PIP coverage is capped at $10,000. For anyone who has sustained a serious injury, like a traumatic brain injury (TBI), multiple fractures, or an injury requiring surgery, this amount is often exhausted very quickly.
- Emergency medical condition: To access the full $10,000 in PIP benefits, a qualified medical professional must state that you have suffered an "emergency medical condition." Without this determination, your PIP benefits are limited to just $2,500.
Once your medical bills and lost income surpass what your PIP policy will pay, or if your injuries are severe, you may have the right to file a claim against the driver who was at fault.
Pursuing a Claim Against the At-Fault Driver
PIP was designed to handle minor injury claims quickly, but it provides no compensation for pain, suffering, or emotional distress. To get full and fair compensation, you must step outside the no-fault system and pursue a personal injury claim.
To do this, Florida law requires you to show that your injuries meet a certain level of severity. You generally have the right to file a claim for pain and suffering damages if your injury consists of one of the following:
- A significant and permanent loss of an important bodily function.
- A permanent injury within a reasonable degree of medical probability.
- Significant and permanent scarring or disfigurement.
- Death.
If your injuries qualify, you can seek compensation that PIP does not cover, including the full cost of all past and future medical care, all lost wages, and money for the human costs of the accident, such as pain, suffering, and loss of enjoyment of life.
Documenting Damages for a Stronger Car Accident Claim
Evidence is the backbone of any successful personal injury claim. You and your legal team will need to gather substantial documentation to prove your case and show the full extent of your losses.
- All Medical Records: This includes everything from the initial emergency room visit to records from surgeons, physical therapists, chiropractors, and other treating physicians. These records establish the nature and extent of your injuries.
- Proof of Lost Income: Collect pay stubs, letters from your employer, and tax documents to show the income you have lost and may lose in the future because you are unable to work.
- Medical Bills and Expenses: Keep every bill, receipt, and explanation of benefits. This includes costs for prescriptions, crutches, and even mileage to and from your doctor's appointments.
- Your Personal Journal: Your log of daily pain and limitations provides a narrative that connects the medical records to your real-life struggles.
Why Proving Fault is So Important for Your Claim
Because of this new law, the other driver's insurance company has a massive incentive to shift as much blame as possible onto you. If they can convince a jury that you were mostly responsible, they have to pay nothing.
- Evidence gathering: Proving the other driver was primarily at fault requires a thorough investigation. This may involve obtaining traffic camera footage from intersections like those around the Boynton Beach Mall, finding and interviewing witnesses, and hiring accident reconstruction professionals to analyze the crash dynamics.
- Countering blame: The insurer might claim you were speeding, distracted by your phone, or made an improper lane change. A strong legal case is built on presenting clear evidence to refute these allegations and establish the other driver's negligence.
Insurance adjusters work for the insurance company, and their goal is to protect the company's bottom line. Be mindful of these common strategies:
- Requesting a recorded statement: They may ask to record a conversation with you about the accident. This is often used to get you to say something that can be used against you later. You are not obligated to provide one.
- Offering a quick, low settlement: If the other driver was clearly at fault, the adjuster may offer a fast payment. This offer is almost always far less than the true value of your claim and is meant to close the case before you know the full extent of your injuries and expenses.
- Asking for a blanket medical authorization: They may ask you to sign a form that gives them access to your entire medical history. This allows them to search for pre-existing conditions they can use to argue that your injuries were not caused by the accident.
- Delaying the process: Some adjusters will delay processing your claim, hoping that you will become frustrated and accept a lower settlement or miss the statute of limitations deadline.
Florida’s Statute of Limitations for a Car Accident Claim
Florida law sets a firm deadline for taking legal action after a personal injury. This deadline is called the statute of limitations. For most car accident claims based on negligence, you have two years from the date of the accident to file a lawsuit.
This change from a previous four-year deadline makes acting promptly even more necessary.
- The consequence of waiting: If you fail to file a lawsuit within the two-year window, the court will almost certainly dismiss your case, and you will lose your right to seek compensation from the at-fault party forever.
- Building a case takes time: Two years may sound like a long time, but properly investigating a serious accident, gathering evidence, consulting with medical professionals, and negotiating with an insurance company takes many months. Waiting to seek legal advice puts your claim at risk.
- Different deadlines: While two years is the standard for most injury claims, other case types have different deadlines. For example, a wrongful death claim stemming from a car accident generally must be filed within two years of the date of death.
It is best to speak with a legal professional as soon as possible to ensure all deadlines are protected.
Frequently Asked Questions About Boynton Beach Car Accident Claims
Do I need a lawyer if the other driver’s insurance already offered a settlement?
It is wise to consult with a Boynton Beach car accident lawyer before accepting any offer. The first offer made by an insurance company is typically a lowball amount that does not account for future medical needs, lost earning capacity, or the full measure of your pain and suffering. An experienced attorney can evaluate the true value of your claim to help you decide if the offer is fair.
What if the driver who hit me has no insurance or not enough insurance?
This is a very common problem on South Florida roads. If you have Uninsured/Underinsured Motorist (UM/UIM) coverage on your own policy, you can file a claim with your own insurance company to cover the damages the at-fault driver's policy cannot. This is valuable coverage that protects you from irresponsible drivers.
How much does it cost to hire a personal injury lawyer?
Most personal injury law firms work on a contingency fee basis. This means you do not pay any upfront fees. The law firm covers all the costs of investigating and pursuing your case. You only pay the attorneys a percentage of the money they recover for you. If you do not win your case, you owe no attorney's fees.
My accident happened on I-95 near the Pompano Beach Pier turnoff. Does the location matter?
Yes, the specific location is very important. It determines which police department has jurisdiction, where potential video evidence from traffic or business cameras might exist, and which court would hear your case if a lawsuit is necessary. An attorney familiar with the area, whether in Pompano Beach, Port St. Lucie, or Boynton Beach, will know how to gather this location-specific evidence.
Get the Answers and Support You Deserve
The road to recovery after a serious car accident is difficult, but you do not have to walk it alone. Having a dedicated legal team on your side can ensure your rights are protected, your voice is heard, and you are positioned to receive the full compensation you need to rebuild your life.
If you have been hurt in a car accident in South Florida, Frankl Kominsky Injury Lawyers is here to help you take the next step. With offices in Boynton Beach, Pompano Beach, and Port St. Lucie, our team is ready to provide immediate support.
We are available 24/7 because we know that emergencies do not wait for business hours. Available 24/7 in English and Spanish. Contact Frankl Kominsky Injury Lawyers at (561) 800-8000 for a free consultation to discuss your injury case today.